Support Human rights defenders ; Support The Charles Hector Legal Defence Fund

For highlighting information about human rights violations suffered by 31 Burmese Migrant Workers who were working at Asahi Kosei(M) Sdn Bhd, in Charles Hector Blog, HR Defender, Charles Hector, has been sued for RM10 million by the said company.

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ALIRAN has up a fund so that concerned groups and persons can contribute to the legal cost and expenses incurred by Charles Hector, Human Rights Defender, in the legal suit initiated by Asahi Kosei (M) Sdn Bhd. A lot of financial support is needed and your immediate assistance is needed.

Payments can be made by bank transfer to:

Persatuan Aliran Kesedaran Negara
Bank account number:

107 246 109 510

Malayan Banking Berhad, Green Lane branch, Penang, Malaysia.

(If you are outside Malaysia, please include the “SWIFT” code for our bank: MBBEMYKL)

Please also email us at to indicate that it is a donation to Hector’s Legal Defence Fund.

Donations may also be made by cheque or bank draft made payable to Persatuan Aliran Kesedaran Negara. Mail your cheque/bank draft to us at 103, Medan Penaga, 11600 Jelutong, Penang, Malaysia, indicating clearly that it is a donation to the Hector Legal Defence Fund. []

Saturday, 18 June 2011

MALAYSIA: Human Rights Defender’s Case Update (10/6/2011)

Asahi Kosei Sdn Bhd –V- Charles Hector Fernandez(Case No: 22 NCVC – 173 – 2011) came before Judge Lim Yee Lan at the Shah Alam, Selangor, Malaysia NCVC Court at the Shah Alam Court Complex.

The case was fixed for decision on Charles Hector’s application to join the 31 Burmese migrant workers, who were not just the source of information but also the subject matter of the human rights violations that were highlighted in the said blog, for 10/6/2011.

The court dismissed this application. The decision of the Judge was read out by the Registrar.

Sadly, on this day at about 3.30am, Simon Fernandez (a.k.a. C.S. Fernandez), the father of Charles Hector Fernandez suddenly passed away. Deepest condolence to Charles Hector & family.

Next date: 28/6/2011 and 29/6/2011(dates currently fixed for full trial)

Important Past Dates

14/2/2011 –  Charles Hector receives company’s lawyers letter of demand.
14/2/2011 – Company filed court action, and applies for an ex-parte interlocutory injunction
17/2/2011 – Hearing of application & Court grants ex-parte order
21/2/2011 – Charles Hector receives order & court documents (becomes aware for the first time that Company had filed suit and applied for an order)
4/3/2011 – 1st hearing date of Company’s inter-parte application for an interlocutory injunction.
1st hearing date for Charles Hector’s application to set aside ex-parte order of 17/2/2011
21/3/2011 – 2nd hearing date for both applications
30/3/2011 – 3rd hearing date for both applications
11/4/2011 – Court allows company’s application for interlocutory injunctions until end of trial, but narrowed it to just the said 31 named migrant workers, and prohibiting Charles Hector from communicating vide blog ( and twitting, and dismissed Charles Hector’s application to set aside judgment of 17/2/2011, ordering cost to be cost in the cost for the said 2 applications, and also with regard the order of 17/2/2011.
25/5/2011 – Hearing of Charles Hector’s application to join the 31 workers as parties in the suit

Charles Hector, Human Rights Defender, Activist, Lawyer & Blogger is being sued by the company for defamation for raising information of human rights and worker rights violations of workers working in the said company on his Blog. Information circulated came from the 31 migrant workers from Burma. Before any posting, an email was sent to Asahi Kosei for their response, which contained also these words, “If there are anything that you would like to correct, kindly revert to me immediately. …An urgent response would be appreciated. Failing to hear from you, I would take it that the allegations of the workers are true.”. The company did not respond, and subsequently commenced a legal suit 6 days later.

The company’s main argument is that these are not their workers, but are workers supplied by an ‘outsourcing agent’. The company says that these workers are not on their ‘direct payroll’ …salaries are paid to the agent, hence they are not responsible for these workers, and for what happened. The company claims no knowledge of any termination or attempted deportation….or any ‘new agreement’.

Charles Hector is also of the opinion that once the workers are supplied to the company, then an employment relationship arises…between the workers and the company…A company must be responsible for all workers that work in their factory.

  • Apologies for the delay 

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